2019-129
2019-129
Resolution Accepting Undertaking Secured By Restoration Bond In Connection With Soil
Disturbance
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on May 28,
2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2019-129
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Michael Kuzmicz Seconder
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
WHEREAS, E&C Espicoz Properties LLC (“Owner”) is the owner of a 2.275 acre parcel of real
property located at 20 Mac Farlane Road in the Town of Wappinger designated as Tax Parcel 6157-
04-720271 (the “Property”) which is being reviewed for conditional Site Plan Approval by the Town
of Wappinger Planning Board; and
WHEREAS, the Owner has undertaken certain grading activities on the property without obtaining
site plan approval from the Planning Board, but the Owner has since made application for the work;
and
WHEREAS, the Owner has delivered to the Town a cash Deposit of $25,000.00 as security for the
restoration of the property and maintenance of erosion and sediment controls; and
WHEREAS, the Owner has delivered to the Town a surety bond from THE SERVICE
INSURANCE COMPANY, INC in the amount of $25,000.00 under Bond No. 8559N to replace
the cash deposit as security for the restoration of the property and maintenance of erosion and
sediment controls; and
WHEREAS, the terms of the Undertaking and the bond authorize the Town of Wappinger to draw
against the aforementioned Restoration Bond in the event the Owner does not receive site plan
approval and the project site is not restored in accordance with the terms of the Undertaking.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby determines that the Surety Bond of THE SERVICE INSURANCE
COMPANY, INC in the amount of $25,000.00 under Bond No. 8559N (the “Bond”) is
acceptable and sufficient as a guarantee to secure the obligation to restore the project site in
the event the Owner does not fulfill its obligations as provided in the Undertaking.
2. The Town Board hereby accepts (the “Bond”) in the total sum of $25,000.00, as security for
the faithful performance for the completion of the obligations set forth in the Undertaking.
3. The Town Clerk is directed to file the bond in his office until such time as the Bond is called
upon or returned.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
5/28/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK